Terms of Service
Last Updated: July 5, 2026
Welcome to GnomeOwner (“Company,” “we,” “us,” “our”). These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Subscriber,” “HOA,” “COA,” “POA,” “you,” or “your”), concerning your access to and use of the GnomeOwner website, mobile application, and any related services (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
1. Nature of the Services & Regulatory Disclaimer
1.1 Technology Utility Only
GnomeOwner provides a Software-as-a-Service (SaaS) platform designed to act purely as an administrative and technological conduit for Homeowners Associations (HOAs), Condominium Owners Associations (COAs), and Property Owners Associations (POAs). We provide the computational framework, ledger architecture, and digital tools necessary for you to manage your community.
1.2 Not a “Managing Agent” & Disclaimer of Fiduciary Duty
GnomeOwner does not exercise control over the assets of any common interest development. Instead, you and your authorized users exercise such control through the instructions and directions provided on our platform. For the avoidance of doubt, GnomeOwner has no discretion, ability, or authority to use, spend, allocate, or otherwise influence the assets of any community. Therefore, GnomeOwner is NOT a “managing agent” (as defined by applicable state community-association statutes (e.g., the Georgia Property Owners’ Association Act, O.C.G.A. § 44-3-220 et seq., and the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq.)). You agree to indemnify and hold us harmless from any claim related to our potential characterization as a managing agent.
1.3 Not a Licensed Professional Service
- Not a Property Manager/Real Estate Broker: We do not engage in the physical management of properties, nor do we act as a real estate broker.
- Not a CPA or Financial Advisor: We do not provide public accountancy, tax, or financial advisory services. The financial summaries and ledgers generated by the Services are for internal management purposes only, have not been audited by a CPA, and do not provide GAAP assurance. This includes tax-related features such as the Form 1120-H tax snapshot, 1099 worksheets, and financial report exports: these are advisory computations derived from the data you enter, are not tax preparation or tax advice, and must be reviewed by a licensed tax professional before any filing or reliance.
- Not Legal Counsel: We do not provide legal advice. Automated generation of late notices, violation letters, or document drafts does not constitute legal counsel.
1.4 Future Self-Hosted Deployments
If we offer an edition of the Services that customers deploy and operate on their own infrastructure, we have no control over, access to, or responsibility for data processed on customer-operated infrastructure, and the hosting, security, and data-protection commitments in these Terms and our Privacy Policy apply only to the cloud service we operate.
2. Artificial Intelligence Tools (AI)
2.1 AI Services and Outputs
GnomeOwner makes available certain artificial intelligence tools in connection with your use of the platform (“AI Tools”). These AI Tools leverage third-party large language models (specifically Google Gemini and Groq) to generate suggested text, budgets, automated responses, meeting summaries, suggested transaction categorizations, suggested compliance items, document analyses, and other materials (“Outputs”) based on your prompts and your association’s data.
2.2 Responsibility and Review of High-Liability Outputs
THE AI TOOLS ARE INTENDED AS GENERATION TOOLS ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE.
Specifically, the AI Tools do not provide definitive compliance deadlines, governance advice, legal interpretations of bylaws, or certified financial analysis. This includes the compliance-calendar features: compliance items, deadlines, and reminders the Services generate or suggest — whether derived from your uploaded governing documents, from curated statutory reference materials, or both — are informational reminders accompanied by cited sources, not legal determinations of your association’s obligations. The association remains solely responsible for identifying and meeting its actual legal obligations and should confirm compliance requirements with licensed counsel in its state. You are solely responsible for reviewing any Output prior to its use and exercising your own business and legal judgment. We make no warranty that the Outputs will be accurate, tailored, or fit for a particular purpose.
2.3 Prohibited Prompts
You agree not to use prompts that are deceptive, discriminatory, illegal, or that contain highly sensitive personal data (e.g., social security numbers). Your use of AI Tools must comply with the Acceptable Use Policies of our third-party AI providers.
3. Financial Services, Banking, and Payments
3.1 Payment Services
Certain payment services, funds transfers, and banking features are provided by our third-party financial institution partners (e.g., Stripe, Inc. and Plaid Inc.) and not by GnomeOwner. To use these Payment Services, you must accept the terms of our Payment Service Providers. GnomeOwner does not hold or have custody of any dues, assessment, or fee payments; such funds are transmitted directly to your association’s own account through our Payment Service Provider.
3.2 Account Connections via Plaid (Read-Only)
We use Plaid to connect your bank accounts to the Services for ledger reconciliation and transaction tracking. GnomeOwner uses Plaid to access your bank transaction data on a read-only basis solely to reconcile dues. Neither GnomeOwner nor Plaid is authorized to move, transfer, or withdraw funds. By using the Services, you grant us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution on a read-only basis. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with Plaid’s Privacy Policy.
3.3 Data Security and PCI Compliance
All sensitive cardholder data and payment processing are handled securely by Stripe. GnomeOwner does not touch, store, or process your credit card data or banking credentials on our servers.
3.4 Reliance on Instructions
We and our Payment Service Providers act upon the instructions received from you. You are solely liable for any losses incurred from erroneous or unauthorized transfers executed according to your instructions.
3.5 Subscription Plans, Fees, and Billing
Access to certain features requires a paid subscription. Subscriptions are billed monthly per association at the rates published on our pricing page, plus, where online payment collection is enabled for dues, assessments, or transaction-based services such as estoppel or resale certificate packages, a platform application fee (currently ~0.75% of the amount processed) deducted through our Payment Service Provider — both as disclosed at signup. New accounts may receive a free trial (currently 45 days) for which no payment method is collected; no charge occurs at trial end — accounts that do not subscribe settle onto the free tier. At the time you subscribe, we display a disclosure of the automatic-renewal terms immediately above the payment button, and we retain a record of the specific disclosure shown to you for at least three (3) years. Paid subscriptions renew automatically each billing period until cancelled. Any authorized administrator of your association may cancel a subscription at any time through the self-service billing portal, without requiring approval from any other administrator; cancellation is as simple as the original sign-up and takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by law. When a cancellation is scheduled, or a previously scheduled cancellation is resumed, we notify every administrator of the association by email, and any administrator may resume a subscription scheduled for cancellation. We will provide advance notice of any price increase, which will take effect no earlier than your next billing period after notice. Downgrading or cancelling does not delete your data (see Section 6); features exclusive to paid plans may become unavailable. We may suspend paid features for non-payment after reasonable notice.
4. User Responsibilities and Data Accuracy
4.1 Data Accuracy Burden
You assume full and sole responsibility for the accuracy, reliability, and completeness of all data entered into the Services. Incorrect data inputs directly impact the software’s effectiveness and your regulatory compliance.
4.2 Compliance with Laws
You are solely responsible for ensuring that your use of the Services complies with all local, state, and federal laws, including IRS tax filings, Corporate Transparency Act reporting, and state-mandated collection thresholds.
4.3 Records Custody and Backups
The association remains at all times the legal custodian of its own official records — governing documents, minutes, financial records, and correspondence — regardless of whether copies are stored in the Services. The Services are a management tool, not a statutory system of record. You are responsible for maintaining independent copies of your governing documents and any records you are legally required to retain, and for exporting your records before requesting deletion of your association’s account or organization as described in Section 6.2.
5. Communications, SMS, and Electronic Signatures
5.1 TCPA Compliance
By providing phone numbers for yourself or your community members, you warrant that you have obtained the necessary consent to send SMS/text messages. Texts may be sent for payment reminders, community announcements, and automated responses. End-users may opt-out at any time by replying “STOP.” You are responsible for any claims arising under the Telephone Consumer Protection Act (TCPA) resulting from your failure to obtain proper consent.
5.2 Audio Recordings and Two-Party Consent
The Services may allow you to record and transcribe audio (such as HOA board meetings). You are solely responsible for obtaining the requisite legal consent from all participants before recording any audio, including adhering to the laws of any “two-party consent” or “all-party consent” states where remote participants may be located.
5.3 Electronic Signatures & Notices
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND ELECTRONIC DELIVERY OF NOTICES.
5.4 Community Communications Features
The Services may include communication features that allow the Subscriber to send emails, notices, and announcements to its community, and residents to send messages to their board. For all such communications, the Subscriber is the sender: you are solely responsible for the content of communications you send, for selecting the correct message category where the Services offer categories (for example, official notices versus community announcements), and for satisfying any legal requirements governing how your association must deliver legally required notices to its members. GnomeOwner provides the delivery mechanics only and is not the sender, author, or guarantor of delivery of your communications.
6. Data Retention and Deletion
6.1 Subscription Cancellation. Cancelling or downgrading a subscription does not delete your association’s data. Your records remain stored so that your association can resume service and pick up where it left off.
6.2 Account and Organization Deletion. Deleting your association’s account or organization on the Services is a separate, deliberate action, distinct from cancelling a subscription. Before deletion, we offer the ability to export your association’s data. Following a deletion request, your data enters a thirty (30) day recovery window, during which any authorized administrator of your association may reverse the deletion. After the recovery window expires, your data is permanently deleted from our systems, except that financial and tax-related records will be retained in a minimized or anonymized form as required to satisfy applicable record-retention obligations.
6.3 Individual Portal Users. A Portal User (Section 11) may request deletion of their individual portal account. Correspondence and records belonging to the association will be anonymized rather than destroyed, since such records remain the association’s own governance and financial records under Section 4.3.
6.4 No Warranty After Deletion. We make no representation or warranty regarding recovery of data after the recovery window described in Section 6.2 has expired.
7. Disclaimers of Implied Warranties (“As-Is” Doctrine)
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. GNOMEOWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE COMPLETELY ERROR-FREE, SECURE FROM THEFT OR DESTRUCTION, OR IMMUNE TO TELECOMMUNICATION FAILURES.
8. Limitation of Liability
8.1 Exclusion of Consequential Damages
IN NO EVENT SHALL GNOMEOWNER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR SECONDARY FINANCIAL RUIN ARISING FROM YOUR USE OF THE SERVICES.
8.2 Liability Cap
OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CAUSE OF ACTION ARISING.
9. Indemnification
You agree to defend, indemnify, and hold harmless GnomeOwner from and against any losses, damages, liabilities, claims, or demands arising out of: your use of the Services; your breach of these Terms; any violation of applicable laws (including real estate, tax, Georgia O.C.G.A provisions, recording consent laws, and TCPA regulations); any dispute between the HOA and its members; and any third-party claim that your Outputs or inputs via the AI Tools infringe on intellectual property rights. The obligations in this Section 9 are obligations of the Subscriber and are not imposed on an individual Portal User (Section 11) acting solely in that capacity.
10. Governing Law, Arbitration, and Class Action Waiver
These Terms shall be governed by the laws of the State of Georgia. Any dispute arising out of or related to these Terms shall be resolved exclusively through binding, individual arbitration in Georgia, governed by the Federal Arbitration Act. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Expedited Procedures where applicable, and shall be seated in DeKalb County, Georgia. Notwithstanding the foregoing, either party may bring an individual claim in small claims court in lieu of arbitration if the claim qualifies for that court’s jurisdiction.
The arbitration requirement and the jury trial and class action waivers in this Section 10 apply only to the Subscriber and do not apply to an individual Portal User (Section 11) acting solely in that capacity. A Portal User is not required to arbitrate any dispute with GnomeOwner and may bring an individual claim in any court of competent jurisdiction, including small claims court. Disputes between a Portal User and their association are addressed in Section 11.4.
YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
11. Resident Portal Users
11.1 Portal Access.
The Subscriber may invite individual unit owners, residents, and persons a unit owner authorizes to assist them (“Helpers”) (collectively, “Portal Users”) to access a limited resident portal. The portal permits a Portal User to view their own unit’s assessment balance and payment history, pay assessments electronically, receive receipts and community communications, and send messages to the Subscriber’s board. Portal Users are authorized users of the Subscriber’s account; the Subscriber controls which units are invited and may revoke portal access at any time.
11.2 Acceptance by Portal Users.
A Portal User must affirmatively accept these Terms, as they apply to portal use, by a distinct acceptance action (such as a checkbox or click) at first login to the portal; mere access to the portal is not, by itself, treated as acceptance. The Subscriber remains responsible for its community’s use of the Services. Nothing in these Terms creates any obligation of GnomeOwner to a Portal User beyond providing the portal on the terms herein, and Sections 7 (Disclaimers) and 8 (Limitation of Liability) apply equally to Portal Users.
11.3 Payments by Portal Users.
Payments initiated through the portal are payments to the Portal User’s association, processed by our Payment Service Providers into the association’s own connected account. GnomeOwner never holds, touches, or controls the funds, and the association — not GnomeOwner — is the recipient of the payment. Receipts are delivered electronically. This section applies equally to any recurring payment authorization (autopay) a Portal User sets up through the portal, which the Portal User may cancel at any time through the portal with the same ease as enrollment. Amounts shown in the portal reflect the association’s records as maintained by the Subscriber; a Portal User’s payment or account questions are matters between the Portal User and the association.
11.4 No Party to Association Disputes.
GnomeOwner is not a party to, and has no responsibility for, any dispute between an association and its members, including disputes about assessment amounts, late fees, violations, or governance.
11.5 Electronic Delivery for Portal Users.
A Portal User consents to electronic delivery of receipts, notices, and communications relating to the portal. A Portal User may withdraw this consent, in which case the association remains responsible for delivering any legally required notices by other permitted means; withdrawal of consent does not excuse any obligation the Portal User owes the association.
11.6 Helpers.
A unit owner may authorize a Helper (for example, a family member who assists with online tasks) to access the portal for the owner’s unit. The owner is responsible for the acts and omissions of their Helper within the portal and may revoke a Helper’s access at any time.
12. Miscellaneous
12.1 Changes to the Services and Plans.
We continuously improve the Services and may add, change, or discontinue features, plans, or pricing. If we discontinue a plan or materially reduce what a paid subscription includes, we will provide reasonable advance notice and, where practicable, a transition path. Marketing descriptions of plans and features are summaries for convenience and do not modify these Terms.
12.2 Changes to These Terms.
We may update these Terms from time to time. For material changes, we will provide notice and may require re-acceptance before continued use of the Services. The “Last Updated” date reflects the current version.
12.3 Entire Agreement.
These Terms, together with the Privacy Policy, the Data Processing Addendum available at gnomeowner.com/dpa (the “DPA”) — which is incorporated into these Terms by reference and applies wherever we process personal data on the Subscriber’s behalf — and any terms of our Payment Service Providers you accept, constitute the entire agreement between you and GnomeOwner regarding the Services and supersede any prior discussions, representations, or marketing statements. In the event of a conflict between these Terms and the DPA with respect to the processing of personal data, the DPA controls.
12.4 Severability.
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
12.5 Assignment.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.
Contact Us ReGild LLC (DBA GnomeOwner) 1103 Scott Blvd Decatur, GA 30030 Email: support@gnomeowner.com